J. T. Eckerson, Inc. v. Sherwood

Appellate Division of the Supreme Court of New York

J. T. Eckerson, Inc. v. Sherwood

31 A.D.2d 541, 295 N.Y.S.2d 619, 1968 N.Y. App. Div. LEXIS 2938

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1968

StatusPublished

This text of 31 A.D.2d 541 (J. T. Eckerson, Inc. v. Sherwood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. T. Eckerson, Inc. v. Sherwood, 31 A.D.2d 541, 295 N.Y.S.2d 619, 1968 N.Y. App. Div. LEXIS 2938 (N.Y. Ct. App. 1968).

Pincite

Opinion

In an action based on a contract to dig a well, defendants appeal from an order of the Supreme Court, Dutchess County, dated October 31, 1967 and entered in Orange County, which granted plaintiff’s motion for summary judgment. Order reversed, on the law, with $10 costs and disbursements, and motion denied. No questions of fact were considered. Upon the facts set forth in the record, triable issues exist as to the giving of an oral guarantee that water would be found and as to whether the work was done in a workmanlike manner. Christ, Acting P. J., Brennan, Rabin, Munder and Martuscello, JJ., concur.

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In an action based on a contract to dig a well, defendants appeal from an order of the Supreme Court, Dutchess County, dated October 31, 1967 and entered in Orange County, which granted plaintiff’s motion for summary judgment. Order reversed, on the law, with $10 costs and disbursements, and motion denied. No questions of fact were considered. Upon the facts set forth in the record, triable issues exist as to the giving of an oral guarantee that water would be found and as to whether the work was done in a workmanlike manner. Christ, Acting P. J., Brennan, Rabin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 541, 295 N.Y.S.2d 619, 1968 N.Y. App. Div. LEXIS 2938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-t-eckerson-inc-v-sherwood-nyappdiv-1968.